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#1 Posted : 17 October 2007 16:21:00(UTC)
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Posted By Roger Bragg
We are tendering for work on a large industrial site - process chemicals. Does our potential customer have a legal responsibility to provide us with site accident records and risk assessments for the areas where we will be working? These documents would help us to evaluate the potential for harm to our personnel.
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#2 Posted : 17 October 2007 20:07:00(UTC)
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Posted By Chris Bramall
You should have recieved a pretender H&S Plan, this should I would think contain details of all appropriate risks and incidents within the site.
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#3 Posted : 17 October 2007 21:15:00(UTC)
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Posted By Raymond Rapp
Roger

You are entitled to request any information that would assist you in providing a tender. A reasonable company will not deny you the information.

Assuming it is being completed under CDM I understood that a pre-construction phase plan was no longer a requirement.

Ray
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#4 Posted : 18 October 2007 13:08:00(UTC)
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Posted By anon1234
such information would only be useful if you are doing the same activities as them, unless they are have a lot of STF related injuries due to poor house keeping or everyone keeps getting run over by vehicles
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#5 Posted : 18 October 2007 13:41:00(UTC)
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Posted By Robert K Lewis
You must be provided with the information required that is sufficient for you to manage the health and safety of your workforce. Accident statistics per se do not achieve this and I would not expect them. The specific risks of a process and how they affect your workforce is however justifiable to expect.

Bob
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#6 Posted : 18 October 2007 13:51:00(UTC)
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Posted By ITK
I would agree with Robert, risk assesments, yes, accident reports, no.
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#7 Posted : 19 October 2007 16:23:00(UTC)
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Posted By Ali
If it doesn't come under CDM it will almost certainly be required under the Management of H&S at Work Regs 1999 (reg 12).
Ali
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#8 Posted : 19 October 2007 16:59:00(UTC)
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Posted By Rob Randall
The responsibility to carry out risk assessments is yours not the potential customer's. However the potential customer should provide you with information about any hazards on the site so that your risk assessment can be "suitable and sufficient".

The potential customer has a legal duty to do this under the HASAW Act S3, 3 and also under the CDM regs.

Regards,

Rob
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#9 Posted : 21 October 2007 20:12:00(UTC)
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Posted By Bob Shillabeer
In short YES as far as risk assessments are concerned but no regarding accident data. It would be part of the tendering process for you to request such information in order for you to make a siutable tender document. The responsibility for risk assessments remains with the employer not with you unless you introduce a specific type of risk in which case you will need to work with the business in order for these to be compeleted. You can ask what risks are involved but the tender document is about how much it will cost you to do. Please don't mix up tender documents with the requirements for safety, you cannot expect to get the job only your approach to safety only.
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#10 Posted : 21 October 2007 22:15:00(UTC)
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Posted By Rob Randall
I feel that I have to take issue with Bob Shillabeer's response. The contractor quite definitely must carry out risk assessments for the work that they will be doing and the client must give the contractor any relevant information so that he can do this.

Yes, the client company will have had to carry out their own risk assessments for the work that their employees do but that is nothing to do with what the contractor is potentially going to be doing.

It may well be that the client company gives the contractor copies of their risk assessments as a way of giving them the required information but this does not exempt the contractor from doing his own risk assessment.

Regards,

Bob R
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#11 Posted : 22 October 2007 08:09:00(UTC)
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Posted By Roger Bragg
I was thinking that with access to accident records we could identify any trends that might not show up from a bare risk assessment? It's not unknown for large companies to fail to spot trends from accident data.
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#12 Posted : 22 October 2007 08:28:00(UTC)
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Posted By Robert K Lewis
Roger

Unless the contractor's people are undertaking the actual process work of the client their risk assessments are totally irrelevant.

The employer must identify the risks, using the risk information supplied, and assess the needs for control and the measures required to control the risks. The accident stats have nothing to do with the issue.

Bob
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